Storing and Handling Liquids

Storing and Handling Liquids:

Environmental Protection

A guide to managing environmental

risks associated with the storage and

handling of liquid substances

Today’s Program

Action Plan

development

MorningLegal issues

Typical problems

AfternoonSolutions

NSW EnvironmentalLegal Requirements

Protection of the EnvironmentOperations Act 1997

• Air pollution

• Land pollution

• Noise pollution

• Water pollution

• Waste transport and disposal

Enforcement

Appropriate Regulatory Authority

State and local governmentorganisations including contractors

+All premises and activities listed

on Schedule 1 POEO Act

Everyone else:

Including mostsmall-medium sized

businesses andresidential premises

Department ofEnvironment and

Climate Change NSW

Local Council

Fines and prosecutions

+Licences

Fines and prosecutions

++

Notices

Notices

Enforcement Powers

Department ofEnvironment and

Climate Change NSW

Local Council

Any premises or activity that meets the

threshold values set out in Schedule 1

of the POEO Act 1997

Who needs a licence?

All licences require that:

• Activities are carried out in a competentmanner

• All equipment is maintained and operatedin a proper and efficient manner

Licence requirements

Prevention

Clean UpAdministrative fee for issue$320

Monitoring and enforcementcosts can be charged

Fines for failure to comply =$750 for individuals$1500 for corporations(or prosecution)

Notices

• Tier 1 – willful or negligent

• Tier 2 – strict liability

• Tier 3 (on the spot fines issued

for minor Tier 2 offences)

Water Land WasteAir Noise

Offences

Maximum penalties:

Individuals = $250,000 (plus $60,000 a dayfor continuing offences)

Corporations = $1million (plus $120,000per day for continuing offences)

Tier 2 Offences

Water Land WasteAir Noise

120 Prohibition of pollution of waters

(1) A person who pollutes any waters is guiltyof an offence.

(2) In this section: pollute waters includescause or permit any waters to be polluted.

Water Pollution

Which is

water

pollution?

It is not just dangerous chemicals that

cause water pollution.

Even seemingly ‘safe’ substances such

as foods, drinks, biodegradable

detergents, organic fertilisers can harm

the environment.

Water Pollution

Notify the appropriate regulatory

authority of any pollution incidents

causing or threatening material harm

to the environment.

Duty to Notify

Material harm =

1) actual or potential harm that is not trivial

OR

2) Actual or potential loss or propertydamage amounting to $10,000

Including on your own premises

Duty to Notify

If in doubt call DECC 24 hour

Pollution Line

131555

Duty to Notify

Maximum penalties:

Individuals = $250,000 (plus $60,000 a dayfor continuing offences)

Corporations = $1million (plus $120,000per day for continuing offences)

On the spot fines = $750 individuals and$1500 corporations

Duty to Notify

• s115 – Disposal of waste to harm theenvironment

• s116 – Leaks, spillages and other escapes

• s117 – Emission of ozone depleting substances

Willful Negligent

Tier 1 Offences

Maximum penalties

$5 million$1million +/or7 years gaol

Wilful

$2 million$500,000 +/or4 years gaol

Negligent

CorporationIndividual

Tier 1 Offences

• The offence was due to causes over

which the person had no control

• The person took reasonable precautions

and exercised due diligence to prevent

the offence.

Tier 1 Defence

Due diligence

Records ofregular

inspections andmaintenance

Waste disposal receipts

Staff trainingrecords Environmental

ManagementSystem

Pollution controlequipment and

structures

Environmentalimprovementplan

Siteaudits

Site risk assessment

Morning Tea

Typical areas of non-compliance

Prosecution proceedings

• Describe how the offence occurred

• With the benefit of hindsight:

• Identify the factors or failures that led to theincident

• What engineering / built controls would haveprevented this event?

• What staff knowledge or skills would haveprevented this event?

Prosecution proceedings

Environment Protection Authority

v

Olex Australia Pty Ltd


v

Ecolab Pty Ltd


v

Warringah Golf Club


v

Illawarra Coke Company

Pty Limited


v

Truegain Pty Limited


v

Incitec Limited

• the extent of the harm caused or likely to becaused to the environment

• the practical measures that could have been takento prevent, control, abate or mitigate that harm

• the extent to which the person who committed theoffence could reasonably have foreseen the harmcaused or likely to be caused to the environment

Sentencing

• the extent to which the person who committed theoffence had control over the causes that gave riseto the offence

• whether, in committing the offence, the person wascomplying with orders from an employer orsupervising employee.

Demonstrate good site management

Sentencing

Application of risk assessment

to pollution control

Risk = Hazard x Likelihood

Low riskLow riskMedium riskSubstance can

be prevented

from leaving the

site

Low riskMedium riskHigh risk

Substance may

be contained if

noticed in time

Medium riskHigh riskHigh risk

Substance will

leave the site,

not possible to

contain it

UnlikelyPossibleVery likelyLikelihood

Hazard

High

High

Willleavesite

Willleavesite

Very

Possible

Vehicle washwater drains tostormwater

Spilt pesticidescould bewashed by staffto drain

Workshopforecourt areadrains tostormwater.Area used todecantpesticides,washdownand repairequipment andvehicles

Assess

the risk

HazardHow

likely?

Possible

outcomes

Area / activity

High / shortterm

High / shortterm

Manager

Manager

Construct a vehicle andequipment wash bay withpre-treatment for water anddischarge to sewer under tradewaste agreement OR only washvehicles at a commercial carwash

Construct secondary containmentwithin the workshop and ensurethat no work is carried out outside– train staff

Priority /

timeframe

Who?Action / Control measure

• …. there was a fire?

• ….there was a vehicle accident?

• ….a disgruntled employee wanted to cause

trouble?

• ….a very clumsy person was undertaking theactivity?

• ….it happened on a weekend or in the

middle of the night?

What if …

Site management to reduce

pollution risks

Effective sitemanagement

Regular inspectionand maintenance

schedule

Keeping records

Site planning Staff knowledge ofenvironmental risks

and responses

Pollution controlequipment and

structures

Emergencyresponse

Spillresponse

Containmentsystems

Planning Training ControlsChecksIncident

Response

Control Measures column

Use: Guideline pages 16, 18 and 21

Guideline Appendix 2

Butchers’ paper responses

Cleaner production case studies

Which of the case studies would berelevant to your site?

1) Action plan

2) Cleaner production

Three things that you could do

when you return to work

Action plan

What do you do at your site to

reduce the risk of pollution?

• Secondary containment

• Site containment

• Sensors, alarms, switches, valves

• First flush systems

• Spill control equipment

• Site security

Physical measures

• Impervious to the liquid being contained

• Large enough volume

• If unroofed how will water be dealt with?

• Could be a building, a plastic container,

a graded area, a wall or anything that

contains liquids

• Will it operate during a fire?

Secondary containment

Secondary containment isn’talways a brick wall

• Site planning

• Staff skills and knowledge

• Incident response plan (large and smallscale incidents)

• Inspection and maintenance schedule

• Procedures, job roles, induction training

• Communication

Ongoing management

Reducing resourceinputs (raw

materials, energy,water)

Reducing wastesand emissions(volume and

toxicity)

+ Increased businessefficiency

Cleaner production

Questions?

Clarification?

Comments?

Storing and Handling Liquids

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Transcript of Storing and Handling Liquids